French government and legal system need to revamp their rules as regards divorce and respect the wishes of a woman. A French woman got victory in her divorce case from the European Court of Human Rights after French courts turned down her petition for divorce from her husband.
French woman, Ms. H.W. and her divorce case
French courts refused to grant divorce to a French woman, Ms. H.W. They blamed her for the divorce.
H.W. whose birth year was 1955 and who hails from Le Chesnay near Paris had filed for divorce and stated that she does not want to sleep with her husband.
She reasoned that she had health issues that prevented her from having sex with her husband since 2004. Moreover, her husband threatened her with violence and dire consequences if she did not have sex with him.
This was a violation of her rights. However, the French courts had totally ignored her rights and blamed her for asking for a divorce. H.W. was immensely traumatized by the happenings that legalized a family environment where women’s privacy and dignity is overlooked.
The woman could not agree with the verdict of the court and in 2021, approached the European Court of Human Rights (ECHR) for justice. And she won it.
Ms. H.W. wins her case in European Court of Human Rights
H.W.’s appeal in the European top human rights court went in her favor. The court did not overlook a woman’s rights and H.W. won the case.
ECHR rightly stated that the courts of France were wrong in violating H.W.’s right of respect in her private and family life. Her rights and physical integrity cannot be ignored. It stated:
“In the present case, the Court could not identify any reason capable of justifying this interference by the public authorities in the area of sexuality,”
H.W. had married her husband in the year 1984 and bore him four children. H.W.’s lawyer, Lilia Mhissen released the following statement:
“I hope this decision will mark a turning point in the fight for women’s rights in France,”
“It is now imperative that France, like other European countries, such as Portugal or Spain, take concrete measures to eradicate this rape culture and promote a true culture of consent and mutual respect.”
Lilia feels that H.W. will get the divorce for sure but the ruling will also prevent the judges of French courts from repeating this mistake in the future. She added:
“This decision marks the abolition of the marital duty and the archaic, canonical vision of the family,”
“Courts will finally stop interpreting French law through the lens of canon law and imposing on women the obligation to have sexual relations within marriage.”
Will French government comply?
A reliable source from the French government stated that they will respect the ECHR ruling and frame new laws accordingly. France’s Ministry for Europe and Foreign Affairs was speaking on behalf of the government at the ECHR hearing.
French government wants to curb sexual and sexist violence at all levels. They want to redraft the legal definition of rape and include marital rape in it.
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Nicolas Hervieu who is a law professor at the Sciences Po University feels that the French court verdict against the woman has brought humiliation to the nation at an international level. But, the good thing out of this case is that sexual liberty was hailed and victims of sexual violence would be protected henceforth.
Fiance’s law minister, Gerald Darmanin has promised to talk to the policy and law makers of the country and amend the old laws to safeguard women. He stated:
“Obviously we will go in the direction of history and we will adapt our law,”
Two French women’s activist groups had supported H.W. throughout her legal journey.
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